Nick Digiuseppe D/b/a Southbrook Development Co. and Frisco Master Plan, Petitioners v. Roger Lawler, Respondent

Summary

The Texas Supreme Court held that a buyer seeking specific performance must plead and prove he was ready, willing, and able to perform, that Rule 279 does not create a deemed finding on that issue, and that the buyer's claim for refund of earnest money was not waived; the court affirmed the appellate court on specific performance, reversed on the waiver, and remanded for further proceedings.